The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-05-12

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eA ifasy. the Le slasure, Ct il present session,
b By sid section deoied the power 20 pcs, and
vhicA. whea submitted 70 me, it viii be my duty
for thai reason to disapprovs. though said bills
Very respectfully,
surxUxH CoUKr or TEE STATE or FLoRIDA,
TAILAnAssEz, Fla, MAY 10. 1887. !
Hos. EDWARD A. PERRY,
Governor Of the State of Florida:
sn: Your communication ~as received toA.yi
and has been considered b. ~ ~ 4
tioa Of esction Is Article ~, az the 0ssssissAiss
The section b - follows:
.sscuon Il he Govsrno. may :. any time 70.
cont = g ne Z, q .n1 poroo Of
this Constitution upon any question affecting his
executive powers sod duties, and the Justices shall
reader such opinion In writing:
States Of the Union, which authorize the Governor
OF either branch Of the Lcgisature to require the
opinion Of the justices Of the Supreme Court, our
Constitution restricts such right to the Governor
alone II further restricts the right to the Govern
or 20 require such opinions on questions Affecting
his executive powers and duties."
~executive power and duties :" The enact legal
meaning Of the word executive" has been many
times authoritaiively fixed and defined II means
they exist It would follow that the law must be
enacted according to all the forms prescribed BY
the Constitution before the duty OF executing 1t
can exist Any duty imposed by the Consultation
On the Governor with reference to bin before It
becomes o law 10 not an executive duty.
The enactment Of laws Ii . legislative duty. and
when your Excellency 10 required by the Constitc-
ton 70 do any act which h an esseatial prerequi-
site thereto such act IL legislative and IL perform
ed By You a. . part OF the law making power, and
not ~ the law executing power.
We are Of the opinion that the question affects o
legislative duty imposed BY the Constitution, and
believing that . compliance on our part with your
request unauthorized by the Constitution. we with
great respect for your Exceilency, beg 20 oe ex-
cused from expressing opinion on the question sub
mitted-
very GO 1sse g. Mc~nosrr.,
Chief Justice
Mr.. Mallory moved the report be received !;
agreed 10.
Mr. Mallory, by request, was permitted to
withdraw his name from the majority report of
the Judiciary Committee on Senate bill No. 163,
TO establish the municipality of jacksonville,
Fla, provide for its government and presbribe
its jurisdiction and powers.
Mr. Bryan, Chairman Of the Committee on
City and County Organizations, reported favor
ably on Amendment to secti. n one % Of Article
nineteen Q9) of the Constitution Of the State.
Mr. BRYAN, by permission, introduced Senate
bill No 224 TO be entitled an act to requiring
the science of health to be taught 10 the public
schools of this State referred. Also Senate bill
No. 225, to encourage the cultivation oil sugar
cane and the manufacture OF sugar 10 the State
Of florida referred.
Mr. DelanO moved 10 adjourn; not agreed to.
Mr.. Stockton offered the following amend
ment TO the amendment to Senate bill No. 81
Amend section 90 as it shall read as follows ::
Whenever it shall be proven to the Comptroller
thai lands have been sold for unpaid taxes, when
the taIes on such Lands had been duly paid or that
the lands were improperly or illegally assessed or
not subject to taxation At the time OF the assess
ment on which they were sold. he il hereby EN-.
powered and directed to cancel the certificate OF
sale when held by the State, and when held by an
individual to refund to such holder OF the certin-
cafe, upon voluntary surrender thereof, the
amount due for taxes ON the land named In the
certificate a. the time Of sale and the Comptroller
is hereby directed to draw his warrent ON the State
Treasurer fer such sum or sums rs may De SHOWN
70 be due on such account, 10 be paid out OF any
moneys not otherwise appropriated
Pending the discussion, Mr. Bryan, Chairman
ofthe Committee on City and County Organize
ions, reported favorabay Senate bill No. 16S
Upon the motion to adopt the amendment
il was lost.
Upon the motion to adopt the amendment Of
Mr.. Walker, Jr.. ii was agreed to.
Mr.. Mallory moved TO adjourn agreed TO.
POUR O'CLOCK Pm
The Senate resumed its session.
The President in the chair.
a quorum present
The consideration Of Senate bill No. PA wal
postponed until Monday at o'clock
Mr.. Wall called up Senate bill No. 81, being
the special order for IL o'clock to-day, anc
which was informally passed over
Mr.. Mann moved that the bill be recommittet
TO the Committee on City and County Organiza
ton :. agreed to.
The Senate resumed the consideration Of Sen
ate bill No g.
NJ a.
ment: Amend section 5, by striking out with
8 per cent. interest thereon in line seven"
Mr. Stockton moved its adoption agreed to
Mr. Orman offered the following amendment
Strike out in section S, lines and 3, "or thai
the lands were improperly or illegally assessed,
not agreedto.
Mr.. Whidden in the chair.
Pending this discussion message was receiv.
ed from the Governor
Mr.. Stockton offered the following amend
ment Amend by inserting the words upon
. voluntary surrender thereof" between the
words certificate and ~the amount" in line
Mr. Blackwell moved its adoption agreed te
and bill ordered engroesed.
By permission, Mr.. Williams introduced Sen.
ate bill No. 228, to require the Attorney Gene
raj Of this State to institute legal proceedingi
for the forfeiture Of all land grants heretofore
granted by the Legislature of this State to rail
road and canal companies in certain cases.
M. 003kno, Dy pcfmt1eiOn, 1ntrOUuCcu Ocu
ate bill No. 227, TO prohibit The consolidation o.
parallel or competing lines Of railway in THU
State referred
Mr. Gaskins, chairman of the Committee OF
Railroads and Telegraph, reported favorably
on Senate bill No. 1sS.
Mr.. Walker, Jr. Chairman of the COMMITTEE
on Enrolled Bills made the following report:
Your Committee on Enrolled Bills beg lcav'
70 report that they have presented to the Cover
nor for his consideration the following Gets origi
mating in the Senate:
" An act prescribing the penalty for injury h
Midway tracks, and for placing obstruction
thereon :" also.
IAN ac4 TO make all money and property Q
yilToad companies in the hands Of their officer
employees or agents subject to garnishment 70
Judgments also,
An act TO allow challenging Of jurors in jus
lice and County Judges Courts in civil cases."
Mr. Wall moved THAI the rules be waived an
bills be taken up on their second reading
agreed 70.
Mr. Stevens, by permission, introduced Senat
bill No rs 70 prohibit the running OF ffeigh
trains on sunday and providing penalty for th
sane referred
Mr.. AcAuray moved that the Senate q
jOun, agreed 10.
coHTIRlGATToKa
Thomas L. Wilson, TO be State Attorney Il
the Sixth Judicial Circuit.
@. p. Healy, to be Sheriff Of Volusis county
6ilas B. Wright, to be Assessor Of Taxes IA
Volusia county.
There 10 one man In our city who can te
more about Florida in Territorial days and be